EU Nationals in the UK – Deal or no deal

22 / 01 / 2019

As United Kingdom residents watch the
political machinations surrounding Brexit with a mixture of fascination and
horror, EU nationals living in the UK and their employers may well feel that
they have most at stake in this political football game.

Here we summarise the rights of EU
nationals to live and work in the UK both from the perspective of the terms of
the Draft Withdrawal Agreement (Theresa May’s proposed deal) and in the event
of a no-deal.

Deal

EU Nationals Living in the UK before 29 March 2019

Will have existing freedom of movement rights protected by the Withdrawal Agreement.

Will be able to continue to live and work in the United Kingdom but will be required to apply to the Settled Status Scheme before 30 June 2021.

EU Nationals moving to the UK after 29 March 2019 but before 1 January 2021

Will be able to move to and then live and work in the United Kingdom under the terms of the Withdrawal Agreement.

Will not require immigration approval prior to arrival in the United Kingdom but will be required to apply to the Settled Status Scheme before 30 June 2021.

EU Nationals moving to the UK on or after 1 January 2021

Will be required to comply with the Immigration Rules for the United Kingdom in force at that time. This is likely to necessitate applying for a visa before coming to the UK except for short visits

No-deal

EU Nationals living in the UK before 29 March 2019

Will continue to have a right to live and work in the United Kingdom under UK domestic legislation only.

Will be required to apply to the Settled Status Scheme before 31 December 2020.

EU Nationals moving to the UK after 29 March 2019

Will be able to move to and then live
and work in the United Kingdom under the UK’s domestic law for up to 3 months.

Will be required to apply for
European Temporary Leave to Remain in the UK within the initial 3 months if
wishing to stay longer

Will be given permission to live and
work in the UK for a period of 36 months from the date of the application.

Will not be able to extend the
European Temporary Leave to Remain so will be required to leave the UK or to
comply with the Immigration Rules for the United Kingdom in force at that time
that the permission expires.

EU Nationals moving to the UK after (say) 1 January 2021

Will be required to comply with the Immigration Rules for the United Kingdom in force at that time. This is likely to necessitate applying for a visa before coming to the UK except for short visits.

Content
is accurate as of 29 January 2019.

Contacts

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